Lucas Thors v. Martha's Vineyard Public Schools (SPR 20210085)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 27, 2021 SPR21/0085 Matthew D'Andrea, LP.D. Superintendent of Schools/Records Access Officer Martha's Vineyard Public Schools 4 Pine Street Vineyard Haven, MA 02568 Dear Superintendent D’Andrea: I have received the petition of Mr. Lucas Thors of the Martha’s Vineyard Times appealing the nonresponse of the Martha's Vineyard Public Schools (School) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 17, 2020, Mr. Thors requested “any and all 2020 email or epistolary communication to or from a teacher or school official that contains accusations or rebuts accusations that [an identified individual] hosted a party, participated in a party, or possesses knowledge of a party at which school system employees behaved in an unhealthy manner.” Claiming to not yet have received a response, Mr. Thors petitioned this office and this appeal was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Matthew D'Andrea, LP.D. SPR21/0085 Page 2 January 27, 2021 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite being notified of the opening of this appeal, the School has yet to provide a response with respect to Mr. Thors’ request. Accordingly, the School is ordered to provide Mr. Thors with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Thors may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Lucas Thors